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Live cases legal advice => Civil penalty charge notices (Councils, TFL and so on) => Topic started by: harry91 on March 10, 2025, 09:18:00 pm
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Outcome (https://drive.google.com/file/d/1g7dDYTPburfK-gVAKvAqsxYyvczi0Rac/view).
Please remember to tick the "Don't use smileys" box under "Attachments and other options" when referring certain well-known parts of the London Local Authorities and Transport for London Act 2003.
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Won on signage.
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Thanx for getting back to me, not really understanding what you are saying though sorry for my ignorance.
I should contest all 3 via adjudicator? And my argument should be based on the adam jones vs Havering ruling?
If you dont mind can you explain more?
Yes all three. Not the Adam Jones decision but the other Haringey case won some months ago. Appeal filed.
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Also, on the original PCN it states " If the penalty charge is not paid before the end of the period of 28 days beginning with the date of service of this notice, an increased charge of £195.00 maybe payable."
Under serction 4(8)(a)(v) it states as follows :that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;
Is their a Difference in "maybe" and "may be" which would add to the invalidity?
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Thanx for getting back to me, not really understanding what you are saying though sorry for my ignorance.
I should contest all 3 via adjudicator? And my argument should be based on the adam jones vs Havering ruling?
If you dont mind can you explain more?
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4 (8) (v)that, if the penalty charge is not paid before the end of the 28 day period, an increased charge may be payable;
This is 28 days from the date of the notice. So they are confused. Also, they have cancelled 2 that I know of (one of my clients) so fairness comes into play. I say contest them both.
https://www.legislation.gov.uk/ukla/2003/3/section/4/enacted
https://drive.google.com/file/d/13UPjZHWU0c4Dn15LwK1vhcJpCuqkBreb
Also, three is disproportionate of them to pursue.
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@Hippocrates any advice? It seems they dont agree with your argument of invalid.
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I see you have @Hippocrates (https://www.ftla.uk/index.php?action=profile;u=24) on the case .... wait for his advice, but do not miss deadlines. You have some more time before needing to respond.
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@John U.K. any advice?
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All the same date
See attached - removed the personal details
[attachment deleted by admin]
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Dates of each NoR?
If identical please post up one of them.
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@Hippocrates I got 3 rejection letters for these pcns saying they believe the PCN complies. Any advice? They have given 14 days to pay £65 etc or go to an adjudicator.
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Got it!
Council incompetence as usual.....
Have done this reply for all 3. Will update when i hear back.
Thank you very much for your help!!!
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Not mitigation: contravention did not occur. (The website has issues too as they list no grounds - for later!)
The silly b*****s even sent a charge certificate after the case was won in the case cited!
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Thank you @Hippocrates
I have attached screenshots of my form online.
Is this ready to go as you wrote?
[attachment deleted by admin]
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Case here:
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/haringey-52(m)-pcn-nor-help-(downhills-park-rd-n17)/msg54651/#msg54651
Please do not refer to it. Just send the submissions and say the other PCNs are disproportionate. You have to send reps. to each one though.
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For meaningful advice please to have a read of
https://www.ftla.uk/civil-penalty-charge-notices-(councils-tfl-and-so-on)/read-this-first-before-posting-your-case!-this-section-is-for-council-tfl-dartme/
and post up here
all sides of the 1st PCN (only redact yr name & address) and the 1st page of the remaining PCNs,
any Council photos/ video,
and
a GSV link to the location.
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EDIT
Crossed with Hippocrates - you will do well to follow his advice when he returns.
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PCN is invalid. Back soon.
Case No: 224038612A submissions
The PCN
The PCN wrongly states which action triggers the period in which the council may serve a charge certificate: “If the Penalty Charge is not paid before the end of the period of 28 days beginning with the date of service of this notice an increased charge of £195.00 maybe payable. We may then send you a Charge Certificate.” The law states at Schedule 1 5:
1)Where a penalty charge notice is served on any person and the penalty charge to which it relates is not paid before the end of the relevant period, the enforcing authority may serve on that person a statement (in this paragraph referred to as a “charge certificate”) to the effect that the penalty charge in question is increased by 50 per cent.
(2)The relevant period, in relation to a penalty charge notice is the period of 28 days beginning—
(a)where no representations are made under paragraph 1 above, with the date on which the penalty charge notice is served;
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Hi,
Received three PCNs for 52m on cornwall Road in haringey all over a period of 10 days.
14 days from the first one arriving is due to end tomorrow (11/03).
Any advice here please??
[attachment deleted by admin]